Rasida Bibi Vs the State of Assam and 5 Ors.

[4.] It is the case of the petitioner that she has been working as Head Cook for Mid-Day-Meal at Barobari High School at Jhapusabari Part-II in the district of Dhubri, Assam since the year 2009 and she has been receiving a lump-sum amount of Rs. 1,000/- per month as honourarium to her bank account. While working as such, the petitioner was surprised to find out that in the month of April, 2025, she was not given any monthly honourarium and when she approached the school authorities, she was told that she has resigned from the job and in her place respondent No. 6 was engaged.

¶30

[5.] The learned counsel for the petitioner submits that the petitioner was asked to put her signature on a blank paper and therefore a projection has been made that she has submitted her resignation.

¶31

[6.] Aggrieved with the same, the petitioner submitted her representation before the Inspector of Schools, Dhubri on 16.06.2025 but since same has not been considered, the petitioner is before this Court.

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Page No.# 3/4

¶33

[7.] Against the writ petition, the respondent department has filed their counter-affidavit, wherein, it is stated that the petitioner had submitted two (2) resignation letters. The first resignation was submitted to the Headmaster of the School on 20.05.2023 citing personal reason. The second resignation letter was submitted by the petitioner again before the Headmaster on 20.09.2024. In view of the resignation letters, an emergency meeting was convened by the Adhoc Committee by Barobari High School under the Chairmanship of the Inspector of Schools, who was the president of the said Committee on 04.10.2024. The resignation of the petitioner on account of health reasons was taken into consideration by the Committee and resignation was accepted. Further, in lieu of the petitioner, a decision was taken to appoint the respondent No. 6.

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[8.] Ms. R. Baruah, learned Standing Counsel, Secondary Education Department, submits that it is not a case of the petitioner being replaced by another ad-hoc employee but a case of where the petitioner has submitted two (2) resignation letters, which was considered and acted upon by the respondent authorities.

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[9.] The stand taken by the petitioner that she was unaware about the resignation letters since she was asked to give her signature in a blank paper cannot be adjudicated by this Court in the present proceedings. The petitioner may approach the appropriate forum for adjudication of the such kind of disputed questions of fact.

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[10.] To this submission, the learned counsel for the petitioner submits that since there is a representation pending which has not been considered and disposed of till date, the same maybe directed to be considered and disposed of.

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Page No.# 4/4

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[11.] Considering the above, this Court would not like to proceed further since there appears to be disputed questions of facts.

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[12.] Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the appropriate forum. It is however provided herein that since there is a representation pending, the Inspector of Schools, Dhubri (respondent No. 4) shall consider and dispose of the representation of the petitioner within a period of three (3) weeks from the date of receipt of a certified copy of this Court’s Order, if not already disposed of in the meantime.

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JUDGE

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Comparing Assistant

Rasida Bibi v. the State of Assam and 5 Ors.

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Rasida Bibi v. the State of Assam and 5 Ors.

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